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Can it be retaliation if the employer would have done it anyway? Insights from the Supreme Court’s oral argument

USA - April 25 2013 Does an employee claiming retaliation under Title VII have to prove that an unfavorable action would not have occurred if he or she had not…

Early consensus: courts rely on Comcast v. Behrend in refusing to allow wage and hour cases to proceed as class actions

USA - April 24 2013 Did the Supreme Court's decision last month in Comcast v. Behrend make it harder for plaintiffs to pursue wage and hour claims as class actions? An…

Are Arbitration Agreements Fair and Consistent With Company Culture? A Series on Arbitration Agreements

USA - February 16 2021 In this article, we consider a factor employers sometimes overlook in deciding whether to make arbitration of disputes a condition of employment: Is…

Anthony S. Califano, John Ayers-Mann, Molly Clayton Mooney.

Do Employment Arbitration Programs Reduce Legal Costs?

USA - February 25 2021 We continue our series examining whether an employment arbitration program can help minimize legal risks from COVID-19 and beyond by considering…

Anthony S. Califano, John Ayers-Mann, Molly Clayton Mooney.

Can Arbitration Agreements Protect Employers Against Class Actions?

USA - January 19 2021 This series examines whether an employee arbitration program can help minimize legal risks from COVID-19 and beyond. For many employers, an important…

Anthony S. Califano, John Ayers-Mann, Molly Clayton Mooney.